Hybrid Offence - Scotland

Scotland

In Scots law, all common law offences other than those within the exclusive jurisdiction of the High Court of Justiciary (i.e. murder, treason, rape and breach of duty by magistrates) can be tried either summarily in the District Courts of Scotland (including justice of the peace courts) or Sheriff Courts, or on indictment in the High Court of Justiciary or Sheriff Court. For statutory offences, the statute will provide whether the offence is triable summarily, on indictment, or both.

The choice of forum is a matter for the Lord Advocate and procurator fiscal, and is determined in a process known as marking.

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